WORKING OF CBIC AND ITS H.R.MANAGEMENT : 

A THREAT TO FUNDAMENTAL RIGHTS

The human resource management of Central Board of Indirect Taxes & Custom (CBIC) has been one of the worst examples in HR management. The Group B officers of GST and Central Excise who are the backbone of the department and instrumental in all the good work /achievement in the department are retiring with only one promotion in a service span of 35 years or more.  The injustice does not end here.  Officers from Customs side who are upto 14 year natural juniors selected through the same exam to same department are coming as bosses which is only possible under the wonderful HR management of CBIC.  All the decisions of the courts in favour of employees have either not been implemented or have been diluted to the extent that the proper justice could not be provided to the staff. CBIC has always formulated policies which are in favour of direct recruits Gr A officers and created stock of Deadwood with in the department which have no relevance in the GST era . The other beneficiaries are officers  from  customs side officers (particularly examiners) and the reason for such affiliation is an open secret.  It is a fact most of the resources under CBIC are mis-used by this class of direct recruit IRS officers and whenever anybody tries to raise the issue or act as  whistleblower or want to put the difficulties of the staff before administration, the various harassment tactics   are used to  demotivate such persons. One such recent example is  by CGST and Central Excise Zone Kolkata where the office bearers and members have been victimized by the Kolkata zone administration.

Administrators at Kolkata Central tax Zone have willfully thrown the doctrine of being the model employer, out of their windows.  Arguably in one of the worst cases of abuse of powers vested in them for equitable administration of justice,  office bearers of this association and some of its members have been victimized and transferred out to far off places in the midst  of a pandemic and financial year  for opposing the illegal actions of a particular IRS officer in the level of Additional Commissioner of Central Tax.

The actions of the Chief Commissioner of Central Tax, Kolkata Zone by not taking action on the complaint lodged by the Association and in turn trying to brush the misdeeds of the said Additional Commissioner under the carpet reeks of nepotism. The Chief Commissioner who should have dispensed justice has consciously chosen to thwart the demands for justice to the aggrieved and has transferred the office bearers of the staff association and members which is nothing short of dirty tricks.

Subsequently, the aggrieved officers have approached Hon'ble CAT, Kolkata for justice and the Hon'ble CAT has stayed further coercive action. However the suppression has continued by way of issue of LPC and removing them from E-office.  As per the decision of the AIB of the AIASCT, all the units of the association from all the states have addressed a letter to the Chairman, CBIC requesting for intervention in the matter. We are yet to see any action by CBIC in the matter.

The AIB of AIASCT in an emergency meeting held on 16th February 2022 passed a resolution condemning the actions of the Pr. Chief Commissioner Kolkata Zone and has decided to approach the Hon'ble Revenue Secretary, GOI for intervention and redressal of the grievances as CBIC has chosen to be mum on the issue.

Apart from being mute witness the CBIC has also enabled the PCC of Kolkata Zone by deliberately delaying the renewal of recognition of this association, even after we have repeatedly submitted the credentials required under the RSA Rules. A resolution was also passed on the subject giving time of 15 days to the CBIC to settle the issue , or else the association will be constrained to escalate the issue in all possible manners.

The demands raised by us are available in the attached letters they are self explanatory. We are to decide on the course of action for escalating the following demands:

1)         That the renewal of recognition of Association be granted immediately since this Association has already submitted the required credentials more than 4 years back and CBIC which is an apex body for investigations into large scale financial frauds involving multi various legal complications and also consisting of quasi judicial officials cannot be seen as being incapable of conducting a mere administrative verification and if at all as they project.

 2)         The Additional Commissioner Mr P.C. Nayak at Kolkata who, by his own admission in his compliant date 02.02.2022, is not capable of passing orders himself in cases adjudicated by him be immediately shifted to a seat without any adjudication powers.

3)         All Customs promotees in Central Excise/GST be sent back to Customs since they are finding it difficult to understand and implement CGST Act and provisions which are more complicated than Customs provisions and also since this practice of juniors from Customs bossing over seniors in Central Excise/GST has been consistently opposed by this Association.

4)         A full-fledged enquiry be ordered into the allegations raised by the Kolkata unit against the particular Mr. P.C. Nayak Additional Commissioner and if required the ADC’s complaint in his self defence also be enquired into in an open manner.

5)         Stop victimization of members and office bearers.

The CEC is to meet in another one week to decide upon our plan of action, if no positive results emerge by the 15 days time we have intimated.

All members and Office bearers will be able to perceive the gravity of the situation and we are sure will come up with suggestions for the action plan.

 

Regards

Shishir Agnihotri

Secretary General

AIASCT.

PLEASE USE THE FOLLOWING LINKS FOR THE LETTERS:

https://drive.google.com/file/d/17L2dP8cKt_YVvLCQjo4uFHBg9u694j_h/view?usp=sharing

https://drive.google.com/file/d/1g8W1T2f7odIFrvtvQ9GCSvvp1EtQWy58/view?usp=sharing